Illinois property owners have a duty to keep their premises safe, but not all uphold their legal obligations. Those in control over the space may be careless in allowing dangerous conditions to remain, posing a threat to those who enter upon the property. One of the most common types of accidents that result from these hazards are slip and falls, and data from the U.S. Centers for Disease Control and Prevention (CDC) reveals how deadly such incidents can be. There are more than 42,000 fatalities every year caused by unintentional falls, which exceeds the number of deaths from motor vehicle crashes.
If you were injured in a slip and fall accident because of a property owner’s carelessness, you may qualify for compensation under Illinois premises liability laws. Because the legal process can be overwhelming, it is wise to trust our team at the Law Offices of David H. Brinton, LLC to guide you. Our firm focuses on all types of personal injury matters, so please contact us to speak to a Chicago slip and fall lawyer. We can schedule a no-cost case assessment, though you might benefit from reviewing some background information.
How Liability Works in Slip and Fall Cases
Property owners are required to maintain a safe space under the provisions of many statutes, building codes, and local ordinances. However, when a dangerous condition causes an accident, the rights and remedies of victims stem from Illinois premises liability laws. You may qualify to recover compensation if you can prove that the property owner failed to take reasonable precautions to protect against foreseeable hazards, and this failure caused the accident in which you were injured. In other words, you need to establish that the property owner was negligent in managing the space.
Some examples of negligence include:
- Not cleaning up spills or debris;
- Failure to implement adequate security measures;
- Neglecting to make repairs to railings, stairs, balconies, and related safety structures;
- Not fixing loose wiring or electrical components;
- Failing to inspect the premises for hazardous conditions;
- Violations of building codes and local regulations; and
- Not posting warning signs.
Note that the duties of property owners may extend to parties that do not actually own the premises. The key is control and management of the space, so it is possible to pursue a tenant, management company, business, events promoter, and many other parties.
Monetary Damages Under Illinois Premises Liability Laws
Compensation in a slip and fall case aims to reimburse the victim for all losses related to the accident and resulting injuries. There are two categories available in a premises liability claim:
- Economic Damages: Certain tangible losses can be quantified by dollar value, such as your medical costs for surgery, hospitalization, emergency care, and other treatment. Lost wages and out-of-pocket expenses are also classified as economic damages.
- Noneconomic Damages: Some losses cannot be measured by exact figures, but you are definitely hit hard by the hardships. This category includes pain and suffering, emotional anguish, scarring and disfigurement, and other losses that affect your quality of life.
Legal Assistance with Slip and Fall Cases
At the Law Offices of David H. Brinton, LLC, our team is dedicated to tackling all tasks involved with a premises liability claim. Our first step will be filing an insurance claim and trying to settle, but dealing with insurers can be difficult. The claims adjuster may question the severity of your injuries or try to blame the accident on you. We are ready to take your case to court if the insurer refuses to pay fair compensation.
Our Chicago slip and fall lawyers support you by:
- Gathering evidence that proves negligence by the property owner;
- Assembling and reviewing your medical records;
- Retaining and working with medical experts;
- Preparing all insurance claims forms and submitting them with documentary evidence; and
- Discussing settlement with the insurer in an attempt to resolve your claim by agreement.
If litigation becomes necessary, our team has extensive trial advocacy skills and experience in court. We will prepare all documents to initiate the lawsuit, appear at court hearings, handle discovery and depositions, and represent you at trial.
Contact a Chicago Slip and Fall Attorney to Discuss Legal Remedies
Accidental injuries on property can turn your life around, but you can feel confident your claim is in good hands by working with the Law Offices of David H. Brinton, LLC. To learn how we will support your needs throughout the legal process, please contact us at 312.445.4908 or via our contact form. We can set up a free consultation to listen to your story and explain the relevant laws.